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Court Date Set - Anything I can do?

Date: Tue, 08/23/2011 - 20:40

Submitted by tiggamonsta
on Tue, 08/23/2011 - 20:40

Posts: 4 Credits: [Donate]

Total Replies: 4


I am being sued by Michael J. Scott, PC and have a court date set for September 21, 2011. All I recall getting in the mail was a letter of intent to sue. The problem is that I don't check the mail, my husband does. Most letters from debt collectors would go directly in the trash (this process has changed since being sued). I happened to open this one myself just to see what it was. So I could have gotten more, but there is no way for me to know for sure. A couple weeks later I had a notice IN MY MAILBOX from a courier (which is against the law in Texas). Later I figured out it was to serve me papers. I made a time to be home to receive them so I knew exactly what I was dealing with. I responded to the judge and the law firm denying everything. Next I received a letter from the court with the hearing date.

I haven't sent any paperwork to anyone other than the response denying everything. Is it too late to send a request for Assignment...or a Debt Validation letter? Is there anything else I should do to prepare for the hearing?

We will not be hiring a attorney, can't afford one. I did call one and the retainer and hourly rate were about the same amount as the debt. If I had that I'd just pay the debt off. Any advice would be appreciated!!!

Thank you!


Seems like Michael J. Scott's office has been pretty busy lately!

What is your intention with this account? Sounds like you acknowledge it to be valid. If a summons was served, and your answer filed, a court date was assigned, as is usually the procedure. Are you trying to avoid going to court? Are you wanting to settle the account? What's your ultimate goal?


lrhall41

Submitted by mariemegge on Thu, 08/25/2011 - 09:27

( Posts: 168 | Credits: )


Service of notice of legal action is a requirement, and each jurisdiction has rules of civil procedure specifying acceptable means for serving notice. It varies by jurisdiction. If you were not served proper notice, you can motion the court for a continuance, based both on lack of proper service, and additionally the need for more time to either secure counsel or prepare your defense.
The very first step when sued on a debt is to determine if your state statute of limitations has expired. Again, your state civil code identifies the terms and period for SOL expiration. If your SOL has expired, be prepared in court to assert that defense, and have documentation of the date your period begins. Is is usually the DOFD on the OC account, but various state statutes provide for reset.


lrhall41

Submitted by Lian on Sun, 08/28/2011 - 21:57

( Posts: 234 | Credits: )